The High Court of Kerala dismissed the criminal appeal filed by Best Way Steels against a conviction under the Negotiable Instruments Act as it was for non-filing of requisite representation and failure to cure procedural defects despite multiple adjournments.
The appeal is dismissed for non-prosecution with costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
TUESDAY, THE 11TH DAY OF SEPTEMBER 2012/20TH BHADRA 1934
CRL.A.No. 611 of 2005 ( F)
CRLP.225/2005 DATED 21-03-2005
CRA.363/2003 of ADDL.SESSIONS COURT (ADHOC)III, MANJERI
APPELLANT/PETITIONER::
BEST WAY STEELS,
REPRESENTED BY MANAGING PARTNER THAJEESH MOHAMMED S/O. KUNHAHAMED KOYA, 1/407/C, THRIKKALANGODE, MANJERI.
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS/RESPONDENTS::
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SMT.LALIZA.T.Y.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Crl.A.No.611 of 2005
Dated this the 11th day of September, 2012
JUDGMENT
This is an appeal at the instance of the complainant in a prosecution for the offence under Section 138 of the N.I. Act as it is aggrieved by the order impugned by which the lower appellate court set aside the conviction imposed against the accused.
Crl.A.No.611/2005
: 2 :
matter was again posted on 01/08/2012, on which date the counsel sought one week time to cure the defect. Time granted and the case is adjourned with a specific direction to post after ten days, if the defect is not cured in the meanwhile. Thus the matter is posted today. No step is taken as undertaken by the appellant. As the appeal pertains to the year 2005 and I find no bonafidness in the submission of the counsel for the appellant for further time in view of the facts and data referred to above. Thus the above appeal is dismissed for non-prosecution.
V.K.MOHANAN, JUDGE
skj
1 issue framed by the court
Whether the criminal appeal, dismissed for non-prosecution due to failure to serve notice and lack of bona fides in seeking further time, should be admitted on merits.
BEST WAY STEELS (REPRESENTED BY MANAGING PARTNER THAJEESH MOHAMMED)
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
